UNITED STATES OF AMERICA v. ALL FUNDS ON DEPOSIT AT

Filing 949

ORDER granting in part and denying in part 539 claimant Lazarenko's motion for partial judgment on the pleadings; and denying 539 Lazarenko's motion for partial summary judgment. Signed by Judge Paul L. Friedman on April 27, 2017. (MA)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
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Plaintiff,
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v.
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ALL ASSETS HELD AT BANK JULIUS, )
Baer & Company, Ltd., Guernsey
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Branch, account number 121128, in the
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Name of Pavlo Lazarenko et al.,
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Defendants In Rem.
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UNITED STATES OF AMERICA,

Civil Action No. 04-0798 (PLF)

ORDER
For the reasons set forth in an Opinion issued this same day, it is hereby
ORDERED that claimant Lazarenko’s motion for partial judgment on the
pleadings [Dkt. 539] is GRANTED IN PART and DENIED IN PART; it is
FURTHER ORDERED that Lazarenko’s motion is DENIED with respect to the
First Claim — interstate transportation and receipt of property stolen or taken by fraud, in
violation of 18 U.S.C. §§ 2314 and 2315; it is
FURTHER ORDERED that Lazarenko’s motion is GRANTED with respect to
the Second Claim — Hobbs Act extortion, in violation of 18 U.S.C. § 1951; it is
FURTHER ORDERED that Lazarenko’s motion is GRANTED with respect to
the Third Claim — wire fraud, in violation of 18 U.S.C. §§ 1343 and 1346; it is

FURTHER ORDERED that Lazarenko’s motion is DENIED with respect to the
Fourth Claim — the “Foreign Offenses,” in violation of 18 U.S.C. § 1956(c)(7)(B)(ii) and (iv);
it is
FURTHER ORDERED that Lazarenko’s motion is DENIED with respect to
the Fifth, Sixth, Seventh, and Eighth Claims — the money laundering claims, in violation of 18
U.S.C. §§ 1956 and 1957; it is
FURTHER ORDERED that judgment is GRANTED to Lazarenko on the Second
and Third Claims; it is
FURTHER ORDERED that Lazarenko’s request to lift the restraint on any assets
containing only funds that were transferred as electronic funds transfers is DENIED; and it is
FURTHER ORDERED that Lazarenko’s motion for partial summary judgment
[Dkt. 539] is DENIED.
SO ORDERED.

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PAUL L. FRIEDMAN
United States District Judge
DATE: April 27, 2017

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